The following terms and conditions apply to Client’s use of any services provided by LexisNexis Risk Solutions GA Inc. (“LN”) and incorporated into Kroll Associates Inc.’s (“Kroll”) First View Screening Services (the “LN Services”), including but not limited to the Bridger Insight XG Service and LexisNexis World Compliance services.
i. Client shall only use the LN Services for its own lawful internal business purposes, and subject to the terms and conditions herein. Client shall not use the LN Services for any other purpose not set forth in the MSA, including but not limited to for marketing purposes. Client further agrees that the information obtained through the LN Services shall not be used, either in whole or in part, to determine an individual’s eligibility for any of the following products, services or transactions: 1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the Fair Credit Reporting Act (15 U.S.C. § 1681), or any similar state statute, including without imitation apartment rental, check-cashing, or the opening of a deposit or transaction account;
ii. These terms and conditions and the Master Terms and Conditions between the Client and Kroll (the “MSA”) shall supersede any click-wrap End User License Agreement embedded in the Bridger Insight XG software application;
iii. LN shall be a third-party beneficiary under the MSA, with the right to seek damages directly from the Client in the event of damage caused by a Client end user for non-compliance with the MSA;
iv. Customer shall comply with all laws, ordinances, codes, regulations, standards and judicial or administrative orders applicable to Client as a user of the LN Services;
v. Client shall not resell, redistribute or relicense the LN Services, and shall not permit its personnel to offer the LN Services for resale, redistribution or relicensing;
vi. Client shall maintain the LN Services and information obtained from the LN Services as confidential, and shall not disclose, disseminate, redistribute or otherwise make any the LN Services and information obtained from the LN Services available to any third party, whether in whole or in part, without the express written consent of LN.
vii. Notwithstanding anything in the MSA, LN shall retain all right, title, and interest in and to the LN Services and information obtained from the LN Services.
viii. LN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR VALIDITY OF ANY INFORMATION OBTAINED THROUGH THE LN SERVICES. LN SHALL HAVE NO ANY LIABILITY AND DOES NOT TAKE ANY RESPONSIBILITY FOR THE DECISIONS CLIENT MAKES BASED ON SUCH INFORMATION. UNLESS PROHIBITED BY LAW, LN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERRUPTION OF SYSTEM USE;
ix. Client agrees, on its own behalf and on behalf of its agents, that LN shall not be liable for any claims, liabilities or expenses relating to Client’s use of the LN Services.
